Posted On: April 6, 2009 by Pensky & Kim

Federal Criminal Defense Update: The Helio Castroneves Tax Evasion Trial

The Miami federal criminal trial of Indy 500 champion Helio Castroneves, 33, has thus far focused on his alleged failure to pay federal taxes on a massive $5 million marketing deal with Penske Racing. But newly introduced evidence that Castroneves may have intentionally skirted his tax obligations on a smaller sum of money from a Brazilian sponser now poses another significant threat to his career... and his freedom.

Castroneves, who has been a U.S. resident in Miami since 1997, received over $500,000 from Coimex Internacional, a Brazilian trading company that sponsored him just before he made it big a decade ago as an Indy car driver with the Penske Racing team. But according to Miami federal prosecutors, Castroneves, who owns a Coral Gables mansion and estate, only reported and paid taxes on about $50,000 of his total earning from Coimex Internacional, and instead diverted the bulk of his earnings... first to a Panamanian shell company... and then to a secretive Swiss bank account. Prosecutors are alleging that his sister/manager, Katiucia Castroneves, helped him conduct the illegal transactions.

So what's the bottom line so far? Well, this Miami federal criminal lawyer has been following this tax evasion trial closely and it appears that the prosecution is alleging that that Castroneves failed to pay taxes on about $5.5 million in income... which equals a staggering $2.3 million in unpaid taxes to the Internal Revenue Service. However, Castroneves's federal criminal lawyers maintain that he owes no taxes (1) because the Coimex money was paid out to Castroneves's father and (2) because the Penske money went to a Dutch annuity account that won't start paying out until next month.

The Castroneves tax evasion trial is expected to wrap up this week, and then the jury will have to determine the fates of Castroneves, his sister/manager, and his attorney. They are all facing five to ten years in federal prison if convicted of conspiring to evade paying taxes on $5.5 million in income. Obviously, a lengthy prison sentence would be devastating to Castroneves and would likley mean and end to his promising racing career. Because of this tax evasion trial, the Penske Racing team has been forced to replace Castroneves, a two-time Indy 500 winner, with driver Will Power. Regardless of the outcome, Castroneves's charismatic and clean-cut celebrity status... mainly a result of him being the surprise winner of the Dancing With The Stars reality television show... will be forever tarnished.

The Miami Criminal Lawyer Blog is published by Pensky & Kim, P.A., a Miami-based law firm specializing in federal and state criminal defense.

Bookmark and Share